Proportionality of the damage The court's conclusions about the disproportionality of the damage to the amount of the fine cannot be assumed.
Resolution of the CAC of the city of Shymkent dated March 20, 2018 on part 1 of Article 610 of the Administrative Code in respect of Zh. The court in the decision indicates, according to Zh., the amount of damage in the amount of 15-20 thousand tenge. According to the victim B., the amount of damage is approximately 30-40 thousand tenge. The damage has not been compensated. The court dismisses the case for insignificance, arguing that the amount of damage caused is disproportionate to the sanction of the article, while the court indicates that the approximate amount of damage is 30-40 thousand tenge, comparing with the amount of a fine of 48,100 tenge. In the reasoning part, the court provides an argument about the disproportionality of the fine, however, the amount of damage itself is not determined, if it is measured against the amount of the fine, then an argument about the actual amount of damage should be indicated accordingly.
The decision of the Karasai SMAS of the Almaty region dated May 29, 2019 in respect of K. under part 1 of Article 610 of the Administrative Code, the court indicates the infliction of material damage, exempts only on the sole basis of an insignificant amount of damage, but does not give it in monetary terms, since it was not established by it. The correctness of the court's conclusions is questionable when there is no information in the case file about the damage caused by the material composition.
If there is no damage, then there is no offense. • The resolution of the Karasai SMAS of the Almaty region dated February 25, 2019 regarding D. Examples of the correct application by courts of the provisions of the Administrative Code of practice-forming importance. We believe it is correct to take into account: 1. The consequences of the offense itself and the negative consequences of the fine. The decision of the Martuk district Court of the Aktobe region in respect of B. under Article 435 of the Administrative Code. Son of B. - Z. He threw the chewing gum wrapper on the ground. He is not married, has four minor children, the youngest was born in 2017, and his only source of income is an allowance and alimony in the amount of 10,000 tenge. The sanction is a fine of 17,675 tenge, its imposition may lead to negative consequences for family members.
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